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tv   Outnumbered  FOX News  May 25, 2016 9:00am-10:01am PDT

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jon: heather and i will be back in an hour. heather: "outnumbered" starts now. we will be back soon. >> fox news alert. a new stuttering hillary clinton's email server scandal that could cause some turbulence in her 2016 campaign. we learned the state department audit found the former secretary of state did not comply with federal policies on records. it also criticizes her for failing to turn over her email records promptly and reveals her top aides chose not to cooperate at all with the review. this is "outnumbered". sandra smith, nationally syndicated radio talkshow host megan mccain and kirsten powers.
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cohost of wall street week on the foxbusiness network. gary kaminsky is "outnumbered" and welcomed. 's a resume -- a resume point for people to know. you are with hillary clinton during those wall street speeches and can tell us about behind the scenes and who is around hillary clinton particularly on a day like today. good to have your perspective. let's begin. state department audit dropping snack that in the heat of the presidential race. the inspector general, long-standing systemic weaknesses related to communication. those problems started before hillary clinton's appointment, and the revelations that the server while in office. she sent 1000 emails later
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determined classified and top-secret. judge andrew napolitano on why this is a big deal. judge napolitano: it disputes the heart of clinton's defense. the heart of her defense was she complied with all state department regulations and what the fbi has been doing is a security review. we know from director comey's words they don't do security reviews, this was a security review. the security review is a review of how the state department keep safe the secrets entrusted to it. mrs. clinton flunked that review. liz: the judge says clinton, quote, knowingly and willfully violated her own state department requirements on record-keeping so i come to you on this because of your history with her. who is she surrounding herself with? are these people sycophants or telling her this doesn't matter? what is the messaging behind the
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scenes? >> they know that it matters and they are trying to tell her we always get through these things, we always find a way to get around them, we always find a way, anyone who has spent time with the clintons know that there is a culture of we are smarter, more sophisticated, we will find ways to get around. i don't think there is panic. methodology will be what do we do next. maybe they won't win but that is the mindset of how they will think about this. >> i am not a lawyer or attorney general, how do you choose not to cooperate? if i am under investigation i can just opt out? maybe there are some legalities to being secretary of state. her emails need to be public record along with hillary clinton, the triple standard for
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them. >> i heard you say in the green room whether this matters much, a picture of hillary clinton running for president. >> it doesn't matter among people who are democratic voters. we saw among democratic primary voters it was a nonissue. it baked into the cake for a lot of democratic voters. it could make a difference with independent voters or people on the fence, but this is the most indicting thing we have seen. it is an independent review, not a partisan attack, showing, secretaries of state, she did not participate. you had john kerry participating, for some reason hillary clinton doesn't think she has to participate. >> donald trump's ability to seize on this quantity, we know the nickname he has come up with hillary clinton, crooked
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hillary. it doesn't seem it is reaching behind those who decided to support her. they have unwavering support. this will not change their support for her. >> i should tell you i am not going to give my political opinion. i do think donald trump will win this election and he will win this election because of the math. i know you know who he is a great investor, who looks at things just from the numbers standpoint. events like the email scandal and the way donald trump will attack anything like this will get those independent voters. all you have to do is spend time outside running around the country and when you talk to people at the frustration they have with government in general, this is the type of thing that makes them think why do we want to go back to what we have already seen? why do we want to have a
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candidate who is part of the establishment. displays into donald -- >> outsider hunger, that first for that. a couple things are making news. both political parties are responding in their chairs. the dnc has a list of people that are supporting hillary clinton in all of this and the pushback is from the state department that is saying again just to reiterate there were predecessors to hillary clinton that had this go on but they single her out as being more serious and the rnc, inspector general's findings are the latest in the saga of clinton's bad judgment, broke federal rules that endangered national security it goes on to say, detailed inquiry by the obama appointee says hillary clinton has not been selling the truth and her and her aides refusal to cooperate with this probe underscore that fact. it is taking on new life minute by minute.
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>> she has to respond. she should respond, i don't know that she will. she will respond with i have already addressed this, probably shouldn't have done it and let's all move on. that will be her approach to it. it is just true that other people didn't have their own server. that is the big difference. a true statement -- and their own emails, the problem was the server and the problem was in the beginning the story has changed. in the beginning she actually was okay, people said okay, she made a mistake until it became clear what she was saying wasn't true. >> interviews and findings of this report are based on interviews with current secretary of state john kerry, his predecessor madeleine albright, colin powell and
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condoleezza rice. they didn't have private email servers in their homes. >> when i think of this politically and probably what is going on, she is having a hard time coalescing support from bernie sanders, having hard time getting democrats on board. bernie sanders supporters feel she is corrupt and stealing this election. this narrative but she thinks she is above the law, she has her own email server, traded national secrets, whatever she did that was illegal and showing classified information on her private server, the narrative that she is corrupt hillary, she will do anything, this attitude of being above the law, i can do anything i want and quite frankly many people in america especially the millennials will not buy it. >> the remaining in hacker has pleaded guilty just this morning in federal court to two counts of computer hacking charges into systems belonging to former us government officials. on the list is hillary clinton.
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we know from an interview he did with kathryn herridge he claims he was able to access a private email server belonging to clinton quite easily. this plays a part of the story too, all of this in one day. >> senator sanders making the decision not to bring up those silly emails or whatever it was. >> saying -- >> if you are in the trump strategy room you think it is great because the general population has not heard a lot about this. if you are sitting in the trump room this is the greatest thing because this is something you will press every single day. >> get an ad out today. >> getting a message that something i wanted to show you because i don't know if you remember the last time president obama talked about this in detail was with chris wallace on fox news sunday and previous to that on 60 minutes, he came out and defended hillary clinton,
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she won't have anything to worry about. he seemed a bit more cagey when he answered chris wallace's question about the scandal. watch and we will talk about it. >> got to be careful because there is an investigation, hearings, congress is looking at this and i haven't been sorting through each and every aspect. here is what i know. hillary clinton was an outstanding secretary of state, she would never intentionally put america in any jeopardy. >> got to be careful about this. >> they probably don't know what is coming down the pike like this ig report. the intentional thing is the key word. because it is not just -- it may be true that she didn't intentionally do it but she may have negligently done it. >> which in some ways is worse. she doesn't know how to do her job. >> both scenarios are bad.
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she intentionally did it, screw it, put security at risk, or think about how this might be a problem. >> i want to challenge you, you come from the wall street world. >> 10 minutes into the show i come from that world. >> a lot of hillary clinton support and funding comes from wall street and sit down with major wall street banks and major investors. and support hillary clinton, unwavering support for hillary clinton and challenge them. how do you answer to this controversy? how do you answer -- >> they don't answer. let me tell you how it really works, people who are donating to the campaign. in 2007 when i was at a place owned by lehman brothers and my phone rang in 2007, they called me, picked up and said what can i do for you? we are going to have dinner
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tonight at the russian tea room with hillary clinton. i need you to be there and write a check. that is how it really works. many of these people on wall street donating to the campaign aren't donating because they believe in it or want to believe in it because of what the business is. these firms have for years supported candidates and if you are a senior executive in the firm you are not going to be terminated if you don't make a contribution but you certainly will think twice about saying no. >> you see me and looking down, don't need to be rude, covering breaking news, chairman of the house oversight committee jason chaffetz who has been in your lucky seat a couple times. has issued a statement, long-standing weaknesses, it clearly exists within the office of secretary of state, may have
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been exploited by department officials for self-serving purposes and it goes on to talk about the state department should immediately undertake the inspector general with proper compliance with federal records act and adoption of a far more robust cybersecurity protocol. the part about hillary clinton we want to know from ms. the oversight chairman, he will join us live in a few minutes and we will ask representative chaffetz how this is playing out inside the beltway on capitol hill. you said something critical and you and i have talked about this issue with the email server so many times but i hear a difference in your town today. it isn't that this damaged her in short-term politically. it is what it overall means about what we are looking at? >> it is different if you have
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an independent review. this is the obama administration. not a partisan witch hunt or congressional hearing. it is damning that they didn't cooperate. that jumps out. >> they didn't cooperate, cheryl mills, jake sullivan, and huma aberdeen did not cooperate in this investigation. why would they not cooperate? >> i just think it is your duty, your duty to cooperate with this investigation and get all the facts out. >> i specifically have spoken about the fbi, but you are saying no. this is two now, this is an independent review and we don't know what the fbi has. are you concerned with the candidate? >> the email issue is an issue no question but i also think
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huma aberdeen saying you failed to preserve the records the way you are supposed to further them these are pretty problematic things, not something -- something you should take seriously having worked in the government and have access to classified information, something you are trained to handle very carefully. >> watching the president couch terms in being careful going forward makes me wonder what the white house new ahead of all this. congressman chaffetz will join us to tell us how this is playing out on the hill, it will be critical to get his point of view on hillary clinton's use of private email server and all the rest. the house homeland security committee is putting the head of the tsa on the hot seat. they are asking about those long airport security lines the caused thousands of travelers to
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>> a big hearing on capitol hill
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into those long wait times, airport security lines, thousands of passengers missing their flights in recent weeks because of historically long lines and the house homeland security committee is asking the tsa administrator what is going on and what he needs to do with the problem. >> this is unacceptable. it is time for congress to act. this crisis did not just come out of nowhere. airports and airlines have been sounding the alarm for months. >> the tsa has waddled in its own bureaucracy and over that time built up a lot of bad habits. >> wait times at airports, unacceptable. >> where do we go with this. somebody like you will say we need to privatize security at airports. are you a believer in that? >> i will take it further. i have to make a confession. my wife reminded me the other day that when i traveled through
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airports with my family, they go in front of me, they don't want to be associated with me because these people are for the most part nasty, unprofessional and i travel so much every week that i don't want to deal with them. if we made a decision, nobody thinks after september 11th we do not have to have a review of the system, if we decide the government had to take over this, we don't have to create a bureaucracy of homeland security. we could have put it in the military. countries around the world if you go to singapore, and if you go to copenhagen, it is a government system but you had people on the job who want to be on the job and take it as professional responsibility. >> we do have a problem here.
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we saw in chicago thousands of stranded passengers missing their flights because they could not get in time. do you expect anything to come out of this hearing today? >> i hope so. i was traveling back from europe and the tsa pre-check took an hour to get through. something obviously is obviously they take the employees from there and put you in with everyone else because they don't have enough people. the question about what is going on, they are collecting $85 to get authorized for that pre-check and we are told passengers show up, what is going on here? >> my father always double checked at the airport, my mother is always double checked and strip-searched like a full scan at the airport. i am not saying people shouldn't be checked but do you think my father has a bomb on him? really? that is my problem with the system. we can do a little bit of
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targeting with different individuals coming through but we live in a politically correct time where everybody, 90-year-old grandmother is checked the same way as someone who has been to jail, tent understand why we can't be added point where we check the appropriate people. >> there are serious threats. i will come to the defense of tsa employees, i travel with young children often and they check every milk bottle or whatever it may be and it drives me nuts but i'm willing to go through what it takes. >> taking peanut butter away from me, i let them have it. the culture for the most part, you have a bunch of people that are not proud to be in the job. >> i they are at fault or is it the leadership? >> if you recruit and train and retrain people that take pride in the job, coming through copenhagen these are people that realize the responsibility they
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have and the importance of the job. you don't see that in the culture and that is at the top. >> you are critical of the people you witnessed not doing what they need to do but i want to get on the record a majority of people at the tsa are good people, americans like the rest of us and i don't want to go on to the record into a commercial having sat next to they are all bad. they are not and i know you don't mean that. >> my point was in general the culture of having this run by a government agency. >> maybe there were different incentives, i agree with you they always seem -- >> standardized protocol. >> you get the friendly one. >> a story breaking today we are staying on it, state department audit finding hillary clinton disregarded guidelines on cyber security by using her private email server while secretary of state.
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joining us next congressman jason chaffetz, chairman of the house oversight committee. nearly one year after an illegal immigrant ~young woman in broad daylight, nothing changed in the city by the bay. outrage as san francisco votes to remain a sanctuary city. no, i picked the wrong insurance company. with new car replacement, we'll replace the full value of your car plus depreciation. liberty mutual insurance.
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technology moves faster than ever. the all-new audi a4, with apple carplay integration. >> breaking developments having to do with the inspector general's report at the state department about hillary clinton improperly failing to use the protocol set up for to secretaries of state and every employee there with regard to record-keeping. that bombshell breaking today and extremely important given she is in be investigated by the fbi and we don't know what they have but we do know this information exists. 1000 or so deemed classified emails, some were top-secret and
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the ig said she didn't do it right not to mention many of her top aides refused to cooperate with the review at the state department. all of this, now some response from hillary clinton's political campaign, we are talking about whether or not this would affect her run for the white house. her spokesperson has just tweeted out gop will attack hillary rodham clinton because she is running for president but the report makes clear her personal email use was not unique at the state department. of course not. other people have private emails. this is about the fact she had a home-cooked server in her house and other employees at the state department that were secretary of state did not do that. to the best of our knowledge. congressman jason chaffetz, chairman of the house oversight committee, good to have you with us. i read part of your statement live here but didn't get to the
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part specifically about hillary clinton and the news breaking today, your thoughts. >> one of the deep concerns as we have inspectors general, nonpartisan, they rely on going under the hood, able to interview past secretaries of state, secretary powell, madeleine albright, the only secretary of state that refused to be interviewed through her counsel was secretary clinton. there have been problems with records retention, very concerned about that. and throughout government to be fair, but in the case of the state department we do rely on these records and it is the law that you are supposed to go through a process and she did not follow it. >> good to have you here. this is sandra smith, we are getting reaction from nancy pelosi, she was just asked about the latest revelations on this controversy, she said, quote,
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hillary clinton did act in good conscience. your response? >> i don't know how you can come to that conclusion. c set up a private email service with herself, there is deep concern about records retention, the inspector general report stating there were clearly problems, the independent person, and the inspector general, answering this question in the other secretary of state's, and email was pervasive among the state department under secretary clinton's watch, something she should answer to. >> what is the most damning thing in this report, new information you find damning and how common is it for government officials to not cooperate with
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an investigation? >> it is very uncommon. look at the universe of secretaries of state past and current all sat down and did interviews with the inspector general. the only one who opted out was secretary clinton. i have not gone through every word of this report but on the top line issues of concern she didn't answer questions, nobody has been disciplined at the state department for lack of compliance and when you cannot interview the actual person, that says a lot about where they are going with it. >> as you move forward with this we don't know what the fbi has but can you put what we are learning into context? we saw with president obama, chris wallace on fox news sunday started to hedges comments a little bit, we have to be careful about the investigation, put this into context. >> don't know what they will find.
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i have a strong belief in fbi director comey, he is a serious minded person, he testified before us in the house judiciary committee a number of weeks ago, he reviews this every day, has his finger on the pulse and obviously this investigation continues. i would like to have that concluded sooner rather than later, that is clear to the secretary at the american people trying to make vital decisions but if you're trying to clean up your record, sit with the inspector general to do that and in this case secretary clinton refused to do it. >> other democrats giving their support, representative eliza cummings who sits on the oversight committee with you is saying in her defense there were so many people in the state department, many who held the same job she did previously, who had personal email, that is not the issue. it is the private server and those emails that were deleted that we will never know but i want your thoughts on it. >> in order to set ss you have different people in two key
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agencies, not agencies the two key people, head of diplomatic security and i can't remember the title of the other one in order to set up some sort of arrangement like this but evidently according to the ig report i read the top line, she didn't get permission or guidance from either one of those people along the way. sandra: it is sandra again. let's broaden this out and look at it from a political perspective as we await more findings from the ongoing controversy, we have already seen the presumptive gop nominee donald trump attacking hillary clinton on this email scandal. will republicans be able to get this message out there after this ig report in a different way than they have in the past? democrats have baked this in, hillary clinton and the email scandal, where does this go politically?
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>> it is not my job to drive it politically. here is the concern. with secretary of state serving in one of the most sensitive positions in government has this private setup it potentially puts lives at risk. it is national security concern. there is classified intelligence according to news reports i am reading, vulnerable to attack, by our adversaries. that is my concern that we solve this and understand how pervasive it is and we protect people whose information may have been compromised. the political stuff, the nominees will take care of that. i don't want to get in that fight. i want to stick to the fact and the fact of the matter is she alone, secretary clinton created this vulnerability, and to be untrue, she needs to come clean but you have a chance to come clean by being interviewed by the inspector general, she refused to do that, just
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mind-boggling. arthel: do you expect her to do that eventually? >> you would think she would voluntarily do this, put this behind her if she has nothing to hind. >> thank you for joining us, good to have you. we are getting a more full statement from the spokesperson for hillary clinton, quote, while political opponents of hillary clinton i sure to misrepresent for their own partisan purposes and reality the inspector general documents show how consistent her email practices were with those other secretaries and senior official that the state department to also use personal email so they are careful to continue to use the line personal email but the wider issue is the cooktop homebrewed server that no one could get to. it is one thing to have your email on someone else's server and it is private but they can
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get to the server. seachange were passed secretaries -- >> excellent question -- 30,000. >> doing apples to apples here? if that is the case they would be in trouble as well. if madeleine albright was sending information, classified information that would be highly problematic. it wouldn't be an excuse to justify behavior. >> you asked me at the top of the show the kind of people hillary clinton surrounds herself with and what they come out with 30 months later is consistent, let's pivot here and react but we are not going to. the culture of what it is. i would not be surprised if later tonight secretaries in california, this won't even be
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brought up because that is the strategy. >> not in california because she has a fundraiser to quiet bernie sanders. >> congressman chaffetz didn't want to get into the political food fight. when you get into the political environment surrounding the scandal it hasn't necessarily weighed much on those the currently support hillary clinton but look at donald trump, he is already attacking her on this. bernie sanders didn't want to touch it. does that start to change? >> when you are comparing the two, donald trump to my knowledge has never let national security information be at risk to our enemies, has never been culpable in the murder of our soldiers, ambassador stevens in benghazi. a lot of things donald trump hasn't done but hillary clinton has. evil things. i don't understand why the email server, when you talk about this with liberal they act like i am putting on my tinfoil hat talking about a conspiracy theory but what we see today is only going to get worse which is why bernie sanders is still in the race hoping she will be
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indicted. >> you are not the first person who has said it. it is called the indictment primary. just waiting for somebody to bake in the oven. we are not privy to what the fbi has turned up in their investigation but we know what potentially is out there. >> donald trump doesn't use this, chum in the water for sharks, the most nefarious ads about this. >> they are doing it right now. >> speaking of presidential politics we have a lot more coming up. hillary clinton unloading on donald trump yesterday and no surprise trump hit right back hard. the latest battle and strategies at work here.
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primary, closer to the gop nomination. not everyone is celebrating. violent protests erupting outside of one of trump's rallies, demonstrators angry at his stance on immigration throwing bottles, rocks and t-shirts at police officers. in advance of his rally, in anaheim, police warned protesters they won't tolerate any violence. aldiss as the fight between presumptive gop nominee and hillary clinton keeps heating up. clinton again accusing trump of rooting for the housing market to collapse the trump firing right back. >> i see this low life puts on an ad, donald trump was rooting against housing because he wants housing to go down because he wanted to buy -- they got a clip for me many years ago saying if it goes down, i am a businessman, that is what i am supposed to do, that is what i am supposed to do.
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if she did it, she is at the top. i like it if it goes down it goes down. i feel badly for everybody. what do i do? i am in business. >> a businessman himself. >> this is a great election, isn't it? this is great stuff. >> does he have a point? >> listen. if the government was run like a business you want to buy low and sell high. and making acquisitions, that is how business works. >> that doesn't suffer from a drop in the housing market. >> it doesn't sound sensitive, the difference between hoping and wishing it would go down to make money and the difference in saying i will make one as i go down so for the average person out there thinking i lost my
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house, someone is rubbing their hands together excited about it it doesn't sound great. >> one thing i would say, i don't know this to be true about donald trump but i'm close to being right, when he said those things he wasn't thinking of running for president. he was doing what he was doing, you're asking revisionist history, you are asking him to put himself in that and to rewrite, you can't do that. if you ask him today if he had an opportunity to clarify his comments any sentient being would say yes and he is. >> we don't know what the question was. >> hillary clinton was in the white house. she was a senator in new york. she has had a long-standing thirst to do more in politics. if she had said that that would be different. >> trump was on the foxbusiness network, said come on, the business of real estate clearly wants to buy low and sell high.
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>> this is not a target to hit him at. he is explaining himself. i am a businessman and i was here to make money and i can manipulate the system. >> swing voters -- >> what i caught more than anything, this low life coming at me. i love it. someone talking to hillary clinton the way i talk about it, this is what is resonating with america. >> a month ago we had a conversation, no way no way no way trump, heard what he said. still change not on board with it. >> calling hillary clinton a lowlife? >> i told you at the beginning when we had the conversation stop aiming at people at me and start aiming at the clintons. start aiming at the clintons on the flipside, attacking my girl -- governor of martinez. and pushes me off the trump train.
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and targeting hillary clinton, going after -- >> i don't like that lowlife stuff. i just say no -- everyone has an opinion is this. one year after an illegal immigrant killed a young woman in broad daylight nothing has changed in the city by the bay. outrage as san francisco votes to remain a sanctuary city. thanks man. imagine if the things you bought every day earned you miles to get to the places you really want to go. with the united mileageplus explorer card, you'll get a free checked bag, 2 united club passes... priority boarding... and 30,000 bonus miles. everything you need for an unforgettable vacation. the united mileageplus explorer card.
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don't fall for directv. xfinity lets you download your shows from anywhere. i used to like that song. >> new controversy in san francisco, lawmakers voting to keep the sanctuary city policy protecting illegal immigrants and those who make it harder for city officials to share information with the fed. this despite national outrage over kate who was shot and killed near a popular tourist spot by a mexican national in our nation illegally. and had been deported five times.
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the city board of supervisors, clarification the law bars the police from notifying the feds unless the suspect has been convicted of a violent crime in the past 7 years so that conceivably could leave out a lot of people who might commit a crime tomorrow. your thoughts? >> i'm against inquiry cities 100%. the reason they exist is why donald trump is winning. he came here -- after this terrific tragedy, it brought emotions to a fever pitch, don't understand what they were thinking. >> the nuance in this, unless you have committed a crime in the last 7 years it is not a problem. if you do something, don't have to notify federal authorities but you want them to because what if this person has gone state-by-state, what if he is on a watchlist? >> i don't understand it. as far as immigration is concerned, this will have major ramifications. when you go around the country speaking to people who are legal immigrants they are the ones most offended by illegal immigration which many of them have come from central and south
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america, i spoke to will win in el salvador very much involved in the trump campaign because she is offended by illegal immigration. when it comes to immigration that is one thing you don't hear a lot on the general media channels, which is people against this came here the right way. >> when you see someone like this, what do you say to people who are harmed? >> it is a tragedy but the truth is most illegal immigrants are not murdering people. no one says -- new york city was a sanctuary city, rudy giuliani said straight out, illegal immigrants we want you here, you are part of the community. the idea behind sanctuary cities isn't to coddle criminals. it is supposed to be basically set up in a way that when police for example go to immigrant communities and want to get help looking for a suspect, people will come forward and not be afraid of being deported or children can go to school without fear of their parents
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being deported, that is the idea behind it and what happened is a tragedy. it is an absolute tragedy but it is not representative of the vast majority. >> prominent democrats said he should have been declined. diane feinstein, i would worry about safety and security of the city going forward. people pay a lot of money. i just remember when the days and weeks that followed, what a horrible image of that beautiful girl, difficult to see the city didn't make a change. we will be right back. know we won't. we will go to a commercial break because "happening now" is coming up, gary kaminsky, thank you. a great afternoon. i take prilosec otc each morning for my frequent heartburn
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